UNIVERSITY MANUAL
PART III
Appendices
APPENDIX A
DELEGATION OF POWERS*
1. BOARD OF GOVERNORS FOR HIGHER EDUCATION. All
powers not expressly delegated are reserved by the Board of
Governors. In addition, the following powers and duties are
enumerated in 16-59-4 of the Education Act of 1981 as amended by
Article XIII of the Appropriations Act of 1981 and reenactments
through 2004:
1.1 To approve a systematic program of information
gathering, processing, and analysis addressed to every level, aspect
and form of higher education in the State of Rhode Island especially
as that information relates to current and future educational needs
so that current needs may be met with reasonable promptness and plans
formulated to meet future needs as they arise in the most efficient
and economical manner possible.
1.2 To approve a master plan defining broad goals and
objectives for higher education in the state including a
Comprehensive Capital Development Program. These goals and objectives
shall be expressed in terms of what men and women should know and be
able to do as a result of their educational experience. The Board of
Governors shall continuously evaluate the efforts and results of
education in the light of these objectives.
1.3 To formulate broad policy to implement the goals and
objectives established and adopted by the Board of Governors from
time to time; to adopt standards and require enforcement and to
exercise general supervision over all higher public education in the
state and over independent higher education in the state. The Board
of Governors, however, shall not engage in the operation or
administration of any subordinate committee, university, college,
junior or community college, except its own Office of Higher
Education and except as specifically authorized by an act of the
general assembly, provided, however, the President of each
institution of higher learning shall be the chief administrative and
executive officer of that institution; and provided further that
nothing contained herein shall prohibit their direct access to or
interfere with the relationship between the Presidents and the Board
of Governors. The adoption and submittal of the budget, the
allocation of appropriations, the approval of tables of organization,
the creation, abolishment and consolidation of departments,
divisions, programs and courses of study, and the acquisition,
holding, disposition and general management of property shall not be
construed to come within the purview of the foregoing prohibition.
The Board shall communicate with and seek and advice of the
Commissioner of Higher Education and all those concerned with and
affected by its determinations as a regular procedure in arriving at
its conclusions and in setting its policy.
1.4 To prepare with the assistance of the Commissioner of
Higher Education and to present annually to the state Budget Officer
in accordance with section 35-3-4 of the general laws of Rhode
Island, 1956, as amended, a state higher educational budget, which
shall include, but not be limited to, the budget of the Office of
Higher Education and the budget of the state colleges. In the
preparation of said budget, and in the allocation of its total
appropriation, the Board shall determine priorities of expenditures
for public higher education purposes of state revenues and other
public resources made available for the support of higher public
education. Provided that nothing in this subsection contained shall
authorize the Board to alter the allocation of grants or aid
otherwise provided by law.
1.5 To maintain an Office of Higher Education; to provide
for its staffing and organization; and to appoint a Commissioner of
Higher Education who shall serve at its pleasure.
1.6 To appoint and dismiss Presidents of the public
institutions of higher learning with the assistance of the
Commissioner of Higher Education, and to establish procedures
therefor, and with the assistance of the Commissioner to approve or
disapprove Vice Presidents of the public institutions of higher
learning appointed by the respective Presidents of public
institutions of higher learning.
1.7 To establish such other educational agencies or
subcommittees necessary or desirable for the conduct of any or all
aspects of higher education and to determine all powers and functions
as well as composition of any such agencies or subcommittees and to
dissolve the same when their purpose shall have been fulfilled.
1.8 To exercise the authority hereto before vested in the
Board of Regents for Education with relation to independent higher
educational institutions within the state under the terms (of Chapter
40 of title 16) of the general laws of Rhode Island, 1956, as
amended, and such other laws affecting independent higher education
in the state.
1.9 To enforce the provisions of all laws relating to
higher education, public and independent.
1.10 To be responsible for all the functions, powers and
duties which heretofore were vested in the Board of Regents for
Education relating to higher education, including but not limited to
the following specific functions:
a. To approve the tables of organization at public
institutions of higher learning with the assistance of the
Commissioner of Higher Education.
b. To adopt and require standard accounting procedures for the
Office of Higher Education and all public colleges and universities.
c. To create, abolish and consolidate departments, divisions,
programs and courses of study within the public colleges and
universities with the assistance of the Commissioner of Higher
Education after consultation with the Presidents.
d. To establish a clear and definitive mission for each public
institution of higher learning with the assistance of the
Commissioner of Higher Education.
e. On or before February 1, 1982, to present for review and
oversight to the House and Senate Finance Committees, plans for
reallocation of appropriated funds.
f. To otherwise promote maximum efficiency, economy and
cooperation in the delivery of public higher educational services in
the state and cooperation with independent institutions of higher
education.
1.11 To incorporate into its own affirmative action
reporting process periodic reports monitoring specific faculty and
staff searches by the chair of the search committee to include the
rationale for granting those interviews as well as the final hiring
results. The institutions must empower it affirmative action officer
to monitor searches in this manner, to intervene during the search,
and, when necessary, to cause a search to cease if affirmative action
goals are not being adequately served.
1.12 To incorporate a specific category for accountability
on affirmative action goals and implementation as part of the board's
annual evaluations and three year reviews for the presidents of each
of the public institutions of higher education.
1.13 To make a formal request of the governor that
whenever the opportunity arises to make new appointments to the
board, that the governor make every effort to increase the number of
African Americans, Native Americans and Hispanics to the board.
*Education Act of 1981 as amended by
Article XII of the Appropriations Act of 1981 and reenactments
through 2004.
2. COMMISSIONER OF HIGHER EDUCATION. The Board
shall appoint a Commissioner of Higher Education, who shall serve at
the pleasure of the board, provided that his/her initial engagement
by the Board shall be for a period of not more than three years. The
Commissioner shall serve as the chief executive officer of the Board
of Governors and as the chief administrative officer of the Office of
Higher Education. The Commissioner of Higher Education shall have
such duties as are defined in section 16-59-6 and elsewhere in the
Education Act of 1981 and other such additional duties as may be
determined by the Board from time to time and shall perform such
other duties as may be vested in him/her by law. In addition to the
foregoing duties and general supervision of the Office of Higher
Education and the appointment of the several officers and employees
of said office, it shall be the duty of the Commissioner of Higher
Education:
2.1 To develop and implement a systematic program of
information gathering processing, and analysis addressed to every
aspect of higher education in the state, especially as that
information relates to current and future educational needs.
2.2 To prepare a master plan for higher education in the
state; to coordinate the goals and objectives of the public higher
education sector with the activities of the independent higher
education sector where feasible.
2.3 To communicate with and seek the advice of those
concerned with and affected by the Board of Governors'
determinations.
2.4 To implement broad policy as it pertains to the goals
and objectives established by the Board from time to time; to enforce
standards and to exercise general supervision over public higher
education in the state and over independent higher education in the
state; to assist in the preparation of the budget for public higher
education and to be responsible upon direction of the Board for the
allocation of appropriations, the acquisition, holding, disposition
and general management of property.
2.5 To be responsible for the coordination of the various
higher educational functions of the state so that maximum efficiency
and economy can be achieved.
2.6 To assist the Board in the preparation and
presentation annually to the State Budget Officer in accordance with
section 35-3-4 of the general laws of Rhode Island, 1956, as amended,
a total public higher educational budget.
2.7 To recommend to the Board of Governors, after
consultation with the Presidents, a clear and definitive mission for
each public institution of higher learning.
2.8 To recommend to the Board of Governors, after
consultation with the Presidents, tables of organization for the
public institutions of higher learning.
2.9 To recommend annually to the Board of Governors, after
consultation with the Presidents, the creation, abolition, retention
or consolidation of departments, divisions, programs and courses of
study within the public colleges and universities to eliminate
unnecessary duplication in public higher education and to address the
future needs of public higher education in the state.
2.10 To supervise the operations of the Office of Higher
Education and such other additional duties and responsibilities as
may be assigned by the Board from time to time.
2.11 To perform the duties vested in the Board of
Governors with relation to independent higher educational
institutions within the state under the terms of chapter 40 of title
16 within the General Laws of Rhode Island, 1956, as amended and such
other laws as affect independent higher education in the state.
2.12 To be responsible for the administration of policies,
rules and regulations of the Board of Governors with relation to the
entire field of higher education within the state, not specifically
granted to any other department, board or agency and not incompatible
with law.
2.13 To prepare standard accounting procedures for public
higher education and all public colleges and universities.
2.14 To carry out the policies and directives of the Board
of Governors through the Office of Higher Education and through
utilization of the resources of the public institutions of higher
education.
2.15 To direct the office of higher education to compile
and analyze the following information for presentation to the speaker
of the house and governor on or before June 1, 1991, and by May 1st
annually thereafter:
a. A detailed departmental breakdown of all faculty
members employed at each state run college and university by rank
(including all professors, associate professors, assistant
professors, lecturers, instructors) and tenure (tenured and
nontenured, other) and by race (African American, Hispanic, Native
American and Asian) and gender.
b. A detailed report on current student enrollments for each
class at each state run college and university by race and gender; by
academic department, and by outreach program (e.g. talent
development), guaranteed admissions program; and the current levels
of funding and staff support for each of these programs.
c. A report on the current status of African and Afro American
Studies programs at each institution and a five year budgetary
history of the programs along with projections for budgetary support
for the next two years.
d. A plan for recruitment of African American and Hispanic
faculty into tenure track positions at each institution with specific
reference to and planned involvement with the New England higher
Education's minority faculty recruitment and development plan.
Certified copies of said report shall be furnished to the board of
governors and the president of the state colleges and universities.
3. OFFICE OF HIGHER EDUCATION. The Board shall
maintain an Office of Higher Education which shall perform such
research and administrative functions and duties required of the
Board by the provisions of Chapter 59 of the Education Act of 1981
and reenactments through 2004.
4. OPERATING EXECUTIVE COMMITTEE shall be composed
of the President of the University of Rhode Island, the President of
Rhode Island College, the President of the Community College of Rhode
Island and the Commissioner of Higher Education. The Commissioner of
Higher Education shall chair the committee.
4.1 The purpose of the Operating Executive Committee shall
include but not be limited to developing coherent plans for the
elimination of unnecessary duplication in public higher education and
addressing the future needs of higher education within the State of
Rhode Island in the most efficient and economical manner possible.
All recommendations and information gathered at the meetings of the
Committee shall be forwarded to the Board of Governors by the
Commissioner of Higher Education in conjunction with the Presidents
for approval and disapproval.